blocks 57, 58 and 152 to the north line of Knapp street: thence westerly along the north line of Knapp street to East Water street.

Passed April 11, 1892.

XXVIII-MILWAUKEE TELEGRAPH CO.

Right granted to

construct wires

for light, heat, etc.

Lines, how constructed and placed.

116-AN ORDINANCE

Granting certain rights to the Milwaukee Telegraph
Company.

The mayor and common council of the city of Milwaukee do ordain as follows:

Section 1. The Milwaukee Telegraph Company of Milwaukee, a corporation organized under and by virtue of the laws of Wisconsin, having its principal office in Milwaukee, its successors and assigns, is hereby authorized to construct and maintain in the streets, alleys, tunnels and public grounds of the city of Milwaukee, a line or lines of wire or other electric conductors, to be used for the transmission of electricity generated and supplied by the Westinghouse or Western Electric Company's system of arc and the Westinghouse system of incandescent lighting, or such other system as the common council may approve, for the purpose of furnishing light, heat, power and signals.

Section 2. The lines in the districts hereinafter named, except loops to lamps, whenever they pass in any part of any street or alley, in the direction of such street or alley, shall be under ground. When they cross any alley they shall be under ground, unless permission be given by the board of public works to have them strung overhead. Whenever such lines are carried over private buildings of any sort they shall be supported at least nine feet clear from the roofs of such buildings, and whenever carried over other private property they shall be constructed in such a manner as shall be satisfactory to the board of public works and chief of the fire department. They shall in all cases be properly insulated and all loops to buildings shall be supplied with switches, at least one to

every half block, arranged so that firemen can cut off the current in case of fire. Whenever said company shall desire to extend its lines in any of said districts over or along any street or alley of said city, it shall prepare a plan showing the mode of extension proposed, and submit the same to the chief of the fire department and board of public works, who shall, if they approve the same, endorse their approval thereon, and the same shall be filed with the city clerk. If they do not approve such plan, they shall make such modification thereof as they deem proper and approve the same as modified, and the same as modified shall be filed with the city clerk, and such extension shall be made agreeably to the plan so approved and shall be constructed under the supervision of the board of public works, or such other officer or department of the city government as may hereafter be designated by ordinance or by law to perform this said. duty, or the duties of said board of public works.

EAST SIDE.

East Water street, North Water street to Milwaukee street, Michigan street, Wisconsin street, Broadway, Erie street, Juneau avenue, all entire, Milwaukee street entire, and the district bounded east by Milwaukee street from river northwardly to river, then following river to place of beginning. All streets and alleys in the Third ward.

WEST SIDE.

Grand avenue entire, State street from river to Twentieth; Chestnut street from river to Twentieth; Winnebago street from Chestnut to Vliet; Vliet street from Winnebago to Twentieth; Galena street from Third to Twentieth; West Water street entire; Second street entire; Third street entire; Twelfth street entire, and the district bounded by Fourth street from Fowler street north to Reservoir avenue, thence east to the river, thence following the river south to Fowler street, thence west to place of beginning. Also the district bounded as follows: The Milwaukee river on the east, Twelfth street (inclusive) on the west, Fowler street on the south, and Cedar street on the north.

SOUTH SIDE.

Clinton street to National avenue; Reed street entire; Grove street to Greenfield avenue; National avenue entire; Florida street entire; Lake street entire; and the

Plans for extensions, how approved.

Conductors and poles, how placed.

City may use poles for stretching wires.

Pavements to be restored.

district bounded by Hanover street from Menomonee river to Florida street, thence east to the Milwaukee river, thence following the said rivers to the place of beginning.

Along the other streets and alleys of the city the said company may stretch its conductors upon poles, said conductors to be properly insulated; said poles to be of first quality, not to be more than one hundred and fifty feet apart, and shall in no case support the wires less than thirty-five feet in height, and shall be arranged so as to support the conductors along the sides of the street, and the circuits to be none other than metallic circuits. The city of Milwaukee shall at all times have the right and privilege to use the poles of said company for the purpose of stretching and maintaining thereon a line or lines of wires for the use of the fire department, the police department, or any other department of the city government, without any compensation therefor.

Section 3. Whenever it may be found necessary in making any of the connections contemplated in this ordinance, or in repairing the same, to interfere or disturb any street, alley, pavement or sidewalk, the same shall be replaced and restored by or at the expense of said comSewer, etc., pipes pany, its successors or assigns, under the supervision of

not to be dis

turbed.

Forfeiture.

Wires may be

ordered in conduits.

the board of public works, but no sewer, gas or water pipe shall be disturbed for that purpose.

Section 4. Nothing in this ordinance shall be construed as conferring any exclusive rights or privileges upon the same company, and unless said company shall, within one year after the passage and publication of this ordinance, in good faith commence the construction herein provided for and hereby authorized, and shall within said time have constructed and in operation at least twenty miles of wire, then and in that case all rights and privileges herein granted shall be forfeited and of no effect. The common council of the city of Milwaukee shall have the right at all times to direct that the wires of said company shall be placed in a conduit in any street in which a conduit is laid; and the said company shall have the same rights and powers in all respects as if the said wires were placed on poles; the said company, however, in carrying out the directions of the common council as contemplated in this section, shall have the right and option

to build its own conduit on such streets and place and operate its wires therein.

Section 5. This ordinance shall not take effect unless the said company shall, within ninety days after the passage of this ordinance, have executed and delivered a bond to the city of Milwaukee in the penal sum of fifty thousand dollars ($50,000), with sureties satisfactory to the mayor and comptroller of said city, and approved as to form by the city attorney, conditioned to indemnify and save harmless the city of Milwaukee of and from all damages which may accrue or which may in any way arise or grow out of the exercise by said company of the privileges herein granted. The bond above mentioned shall be further conditioned for the faithful compliance by said company with all the terms and provisions of this ordinance, and shall be renewed every five years or oftener, and at any time and as often as the common council of said city may desire.

Bond.

Renewal of.

Conductors to be extended when ordered by council.

Maximum price for

arc light.

Section 6. The Milwaukee Telegraph Company of Milwaukee shall extend its conductors so as to supply any light or lights that may be ordered by the common council of the city of Milwaukee, or the proper city officials, and shall supply the same in the streets and alleys in which the lines of conductors of such company are under ground at a price as agreed by contract, but not to exceed the maximum price of one hundred and fifty dollars per year for each arc light of 2,000 nominal candle power. Whenever the common council of the city of Milwaukee, or the proper city officials, shall order any light or lights in any street, alley or public place, to which light may be conducted by wires stretched upon poles, then said company shall within thirty days put up and maintain such light or lights for the power above mentioned during the entire night and every night in the year, at such price as may be agreed by contract, but not to exceed one hundred and fifty dollars per annum for each light of two thousand candle power. All the lights men- Lights to run all tioned in this section shall run and be in operation from night. early twilight in the evening to daylight in the morning.

form.

Section 7. All charges for standard lights furnished by Price to be unisaid company, except those furnished to the city, shall be uniform in price throughout the whole city, and in no

Light, to whom furnished.

Conductors, how extended.

Forfeiture.

Amendment.

Pooling prohibited.

Penalty.

case shall a higher price be charged by said company for such lights to any consumer in any part of the city than the lowest price for which the same number of similar lights is furnished by the company to any other consumer in any other part of the city.

Said company shall furnish light to all persons who shall pay for the same monthly, and who shall reside upon a street, alley or public way in which the conductors of said company are maintained.

Said company shall extend its conductors to any point upon any business street, and to any point upon any street within the fire limits in said city so as to supply consumers, whenever application shall be made therefor by not less than five consumers residing or doing business in every block, including both sides of such street on such proposed extension, provided such application shall be made in writing, addressed to the company, signed by the proposed consumers, and shall specify the extension desired, the number of consumers in each block of such extension, and their location by street number.

Whenever such application shall be made to said company for an extension of its conductors, it shall be the duty. of said company to make such extension within sixty days. after such application shall be made; provided, that in case the proposed extension is required by this ordinance to be made under ground, that said company shall have ninety days after the frost is out of the ground to complete the extension.

In case such company shall neglect or refuse to make such extension within the time hereinbefore provided, this ordinance shall thereupon become null and void, and all the franchises and privileges hereby granted shall cease and determine.

Section 8. The common council of the city of Milwaukee expressly reserves the right to amend this ordinance at any time.

Section 9. The Milwaukee Telegraph Company of Milwaukee shall not at any time pool or assign their interests nor consolidate with any other electric light company which may have heretofore obtained or may hereafter obtain a franchise to do business in this city; and if said company shall pool their interests or consoli